Recognition of a foreign arbitral award pursuant to Article 840 of the Code of Civil Procedure cannot be refused solely because an annulment appeal is pending against the award in the State of origin, when such appeal does not have suspensive effect according to the law of that State and the award has not been annulled or suspended by competent authority.
In proceedings for recognition of foreign arbitral awards, verification of compatibility with international public policy must be limited to the effects that the award is destined to produce in the Italian legal system, excluding any review of the juridical correctness of the solution adopted by the arbitrator.
Refusal of recognition of a foreign arbitral award for impossibility of asserting one's defence, under Article 840(3)(2) of the Code of Civil Procedure, requires demonstration of effective impossibility of defence and cannot be founded on mere violation of procedural provisions of the foreign legal system applicable in arbitral proceedings.
Ascertainment of excess beyond the limits of the arbitral mandate in proceedings for recognition of foreign awards is limited to verification of coincidence between the extension of the arbitration clause and the object of the arbitral award, without permitting re-examination on the merits of the arbitral decision.